[michajojo]

I have lived in condo more than a year. After our lease expired, it became automatically month-to-month. We pay rent fee on the 1st day of each month. The owner wants to sell this unit because of her financial situation and she gave us 60 day notice on 03/03 (right after we paid rent) that indicates we must vacate the premise until 1st day of May. We found another place to live and we gave her 30 day notice to vacate on 09 march.We said that we will move out 10 April We already paid the last month rent fee plus security deposit when we moved in. Can we get our prorated rent fee of April from her?

[joypulv]

She is correct that she must give you 60 days notice because you rented for more than a year, and you are correct that you only have to give 30 days notice, the amount of days between rent payments. You and she are both a bit off on the counting of days, which begin the next day and end at the end of the 30th and 60th day. (You have to be out by the end of April 8, unless you and she come to some other agreement.) And yes, she has to prorate your rent for April, and cannot withhold your security deposit refund for anything to do with this.

[ballengerb1]

She is required by law to give you a 60 day notice but you are only required to give her 30 day notice. Your only chance at prorating and leaving early without paying is if she agrees to it. California Tenants - California Department of Consumer Affairs In reviewing CA law I see no provision requiring her to prorate a partial month.